PHILLIPSBURG —A Phillipsburg Middle School teacher was charged with using an iPod to record a 13-year-old student's "intimate parts" on school property, according to Warren County First Assistant Prosecutor, Michael McDonald.

The Express-Times reported yesterday that band instructor Vincent J. Pettinelli, 41, of the 200 block of Williams Street in Alpha, was arrested and charged with third-degree invasion of privacy.

The alleged crime occurred on March 11, 2013, McDonald said.

According to the criminal complaint, Pettinelli placed the device on the floor under the victim's dress and used it to videotape intimate parts of her body, The Express-Times reported today.

When asked about the distinction between the invasion of privacy charge and that of child pornography, McDonald said this charge states that intimate parts of an individual are exposed without that person's consent and without penetration or other sexual contact.

The charge carries a maximum sentence of three to five years in state prison.

"That certainly will be something we will be looking at as we continue," he said. "It doesn't mean that other charges aren't pending."

Pettinelli was released from custody after posting 10 percent of $35,000 bail, but he has since been placed on leave pending the outcome of the investigation, according to The Express-Times.

McDonald said that Pettinelli is scheduled to make his first appearance in Warren County State Superior Court today.